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Determinations/Superannuation as made
This Determination provides for the valuation information which the trustee of NSW State Authorities Superannuation Scheme must, on application made under the superannuation splitting provisions of the Family Law Act 1975, provide to parties to a marriage or a de facto relationship for the purpose of property settlements between them under that Act.
Administered by: Attorney-General's
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s11 item 06
Registered 10 Jan 2011
Tabling HistoryDate
Tabled Senate08-Feb-2011
Tabled HR08-Feb-2011

I, ROBERT McCLELLAND, Attorney-General, make this Determination under subregulations 64 (7) and (7B) of the Family Law (Superannuation) Regulations 2001.

Dated 21 December 2010

ROBERT McCLELLAND


1              Name of Determination

                This Determination is the Family Law (Superannuation) (Provision of Information — NSW State Authorities Superannuation Scheme) Determination 2010.

2              Commencement

                This Determination commences on the day after it is registered.

3              Definitions

         (1)   In this Determination:

early release debt account means the account created under subregulation 19 (3) of the State Authorities Superannuation Regulation 2010 (NSW).

flag lifting agreement has the same meaning as in section 90MD of the Family Law Act 1975.

M & F Approval means the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.

NSW Local Government Superannuation Act means the Local Government and Other Authorities (Superannuation) Act 1927 (NSW).

NSW State Authorities Superannuation Act means the State Authorities Superannuation Act 1987 (NSW).

NSW State Authorities Superannuation (Closed Local Government Schemes Transfer) Regulation means the State Authorities Superannuation (Closed Local Government Schemes Transfer) (Savings and Transitional) Regulation 1990 (NSW).

NSW State Authorities Superannuation Scheme means the superannuation scheme constituted by the NSW State Authorities Superannuation Act.

Regulations means the Family Law (Superannuation) Regulations 2001.

splitting order has the same meaning as in section 90MD of the Family Law Act 1975.

superannuation agreement has the same meaning as in section 90MD of the Family Law Act 1975.

         (2)   An expression used in this Determination and in the NSW State Authorities Superannuation Act or in a provision of that Act has the same meaning in this Determination as it has in the NSW State Authorities Superannuation Act or the provision of that Act.

4              Application of Determination

                This Determination applies to a superannuation interest in the NSW State Authorities Superannuation Scheme for which a method and factors have been approved under Part 7 of Schedule 2 to the M & F Approval.

5              Provision of information by trustee

                For a superannuation interest mentioned in an item in the following table:

                (a)    for paragraphs 64 (7) (a) and (7B) (a) of the Regulations, the trustee of the NSW State Authorities Superannuation Scheme is not required to provide the information about the interest mentioned in column 3 of the item; and

               (b)    for paragraphs 64 (7) (b) and (7B) (b) of the Regulations, the trustee of the NSW State Authorities Superannuation Scheme must provide any information about the interest mentioned in column 4 of the item.

Item

Superannuation Interest

Information not required to be provided

Information that must be provided

1

An interest mentioned in clause 2 of Part 7 of Schedule 2 to the M & F Approval

The information mentioned in paragraphs 64 (4) (a), (b) and (d) to (i) of the Regulations

The following information:

   (a)  CFB, ABP, B, C and AR (as those terms are defined in clause 2 of Part 7 of Schedule 2 to the M & F Approval);

   (b)  the date of birth of the person who has the interest mentioned in column 2;

   (c)  the entry date (within the meaning of subsection 3 (1) of the NSW State Authorities Superannuation Act) of the person;

 

 

 

   (d)  the balance of the early release debt account for any benefit released to the person under subsection 43B (1) or 43C (1) of the NSW State Authorities Superannuation Act;

   (e)  for each splitting order, superannuation agreement or flag lifting agreement that has been served on the trustee of the NSW State Authorities Superannuation Scheme for the interest — the date of:

         (i)   any payment or release, under paragraph 45I (3) (a) of the NSW State Authorities Superannuation Act, of an amount to the person with the entitlement under that order or agreement; or

        (ii)   any transfer or rollover, under paragraph 45I (3) (b) of the NSW State Authorities Superannuation Act, of an amount to a superannuation fund or a retirement savings account to be held for the benefit of the person with the entitlement under that order or agreement;

           (

 

 

   (f)  for each payment, release, transfer or rollover mentioned in paragraph (e):

         (i)   the value of the entitlement of the person under the order or agreement immediately before the payment, release, transfer or rollover; and

        (ii)   the value of the interest to which the order or agreement applies, immediately before that payment, release, transfer or rollover, determined in accordance with clause 2 of Part 7 of Schedule 2 to the M & F Approval; and

       (iii)   ABPs, Bs and Cs (as those terms are defined in subclause 4 (2) of Part 7 of Schedule 2 to the M & F Approval)

2

An interest mentioned in clause 5 of Part 7 of Schedule 2 to the M & F Approval

The information mentioned in paragraphs 64 (4) (a), (b) and (d) to (i) of the Regulations

The following information:

   (a)  CFB, ABP, B, C and AR (as those terms are defined in clause 2 of Part 7 of Schedule 2 to the M & F Approval);

   (b)  the date of birth of the person who has the interest mentioned in column 2;

   (c)  the entry date (as that term is defined in subsection 3 (1) of the NSW State Authorities Superannuation Act) of the person;

   (d)  the balance of the early release debt account for any benefit released to the person under subsection 43B (1) or 43C (1) of the NSW State Authorities Superannuation Act;

 

 

 

   (e)  for each splitting order, superannuation agreement or flag lifting agreement that has been served on the trustee of the NSW State Authorities Superannuation Scheme for the interest — the date of:

         (i)   any payment or release, under paragraph 45I (3) (a) of the NSW State Authorities Superannuation Act, of an amount to the person with the entitlement under that order or agreement; or

        (ii)   any transfer or rollover, under paragraph 45I (3) (b) of the NSW State Authorities Superannuation Act, of an amount to a superannuation fund or a retirement savings account to be held for the benefit of the person with the entitlement under that order or agreement;

 

 

 

   (f)  for each payment, release, transfer or rollover mentioned in paragraph (e):

         (i)   the value of the entitlement of the person under the order or agreement immediately before the payment, release, transfer or rollover; and

 

 

 

        (ii)   the value of the interest to which the order or agreement applies, immediately before that payment, release, transfer or rollover, determined in accordance with clause 2 of Part 7 of Schedule 2 to the M & F Approval; and

 

 

 

       (iii)   ABPs, Bs and Cs (as those terms are defined in subclause 4 (2) of Part 7 of Schedule 2 to the M & F Approval);

 

 

 

   (g)  CFB and NA (as those terms are defined in Step 2 in subclause 5 (1) of Part 7 of Schedule 2 to the M & F Approval);

   (h)  whether the person was the holder of a current insurance policy (as that term is defined in section 3 of the NSW State Authorities Superannuation (Closed Local Government Schemes Transfer) Regulation);

    (i)  whether the person was a contributor to the Provident Fund (as that term is defined in section 3 of the NSW Local Government Superannuation Act);

 

 

 

    (j)  whether the person was a contributor to the Benefits Fund (as that term is defined in section 3 of the NSW Local Government Superannuation Act);

   (k)  for each:

         (i)   payment or release under paragraph 45I (3) (a) of the NSW State Authorities Superannuation Act; or

        (ii)   transfer or rollover under paragraph 45I (3) (b) of the NSW State Authorities Superannuation Act;

         the amount of any adjustment which STC (as defined in subsection 3 (1) of the NSW State Authorities Superannuation Act) would make under section 16 of the NSW State Authorities Superannuation Act, if:

       (iii)   STC were to pay to the person, the balance of his or her contributor’s account (as that term is defined in subsection 3 (1) of the NSW State Authorities Superannuation Act) at a particular date; and

 

 

 

       (iv)   the balance of that account had remained, in the period commencing with the events mentioned in subparagraph (i) or (ii), and ending at that particular date, equal to the entitlement of the spouse or former spouse of the person under the agreement or order mentioned in paragraph (d)

3

An interest mentioned in clause 6 of Part 7 of Schedule 2 to the M & F Approval

The information mentioned in paragraphs 64 (4) (a)  to (i) and 64 (4A) (a) to (c) of the Regulations

The following information:

   (a)  CFB and EFB (as those terms are defined in clause 6 of Part 7 of Schedule 2 to the M & F Approval);

   (b)  the date of birth of the person who has the interest mentioned in column 2;

   (c)  for an interest held by a person other than a person to whom paragraph (d), (e) or (f) applies, the date that the person became entitled, in the event of his or her death, to the benefit provided by subsection 43 (6) of the NSW State Authorities Superannuation Act;

   (d)  for an interest held by a person who is an executive officer, the date that the person elected, under paragraph 30A (1) (b) of the NSW State Authorities Superannuation Act, to make provision for a benefit provided by subsection 43 (6) of that Act;

 

 

 

   (e)  for an interest held by a person to whom Part 1 of Schedule 5 to the NSW State Authorities Superannuation Act applies, the date on which Part 1 of Schedule 5 to that Act first applied to the person;

   (f)  for an interest held by a person to whom Part 2 of Schedule 5 to the NSW State Authorities Superannuation Act applies, the date on which the person elected, under subclause 7 (1) of Part 2 of Schedule 5 to that Act, to make provision for a benefit under section 43 of that Act;

   (g)  for splitting order, superannuation agreement or flag lifting agreement that has been served on the trustee of the NSW State Authorities Superannuation Scheme for the interest — the date of:

         (i)   any payment or release, under paragraph 45I (3) (a) of the NSW State Authorities Superannuation Act, of an amount to the person with the entitlement under that order or agreement; or 

 

 

 

        (ii)   any transfer or rollover, under paragraph 45I (3) (b) of the NSW State Authorities Superannuation Act, of an amount to a superannuation fund or a retirement savings account to be held for the benefit of the person with the entitlement under that order or agreement;

 

 

 

   (h)  for each payment, release, transfer or rollover mentioned in paragraph (g):

         (i)   the value of the entitlement of the person under the order or agreement immediately before the payment, release, transfer or rollover; and

        (ii)   the value of the interest to which the order or agreement applies, immediately before that payment, release, transfer or rollover, determined in accordance with clause 6 of Part 7 of Schedule 2 to the M & F Approval; and

       (iii)   ABPs, Bs, Cs, ABPe, Be and Ce (as those terms are defined in subclause 8 (3) of Part 7 of Schedule 2 to the M & F Approval)

4

An interest mentioned in clause 9 of Part 7 of Schedule 2 to the M & F Approval

The information mentioned in subparagraphs 64 (3) (b) (ii), (iv) and (v) of the Regulations

The following information:

   (a)  the date of birth of the person who has the interest mentioned in column 2;

   (b)  the type of pension payable to the person


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.